CHAPTER VII

STATUS OF REGISTERED CANDIDATES

Article 45. Equality of Registered Candidates

    1. All registered candidates have equal rights and responsibilities, except the cases defined by this and other laws.

    2. Registered candidates who are state or municipal officials or persons who work with mass media on the basis of a labour or civil contract are released from their employment during their participation in the elections. They submit a copy of the approved order (decision) to the relevant election commission at latest within three days from the day of registration. They are prohibited to abuse their positions of authority to gain privileges.

    3. Registered candidates who occupy positions defined by the relevant executive authority and who implement their functions during the election campaigning as well as candidates who are elected municipal officials, cannot abuse their positions of authority to gain privileges.

    4. Cases of violations of equality principles regarding abuse of occupation and position are determined by article 38.2. of this law.

    5. Registered candidates who occupy state positions defined by the relevant executive authority or who are elected municipal officials have the right to conduct election campaigns only when they finish performing their duties. These rules do not concern free usage of TV and radio programs by the registered candidate in accordance with article 53 of this law.

    6. Officials, TV or mass media journalists or other creative persons who are registered candidates or authorised representatives or agents of registered candidates, candidates, political parties and block of political parties are prohibited from participating in reporting election processes by the mass media.

    7. To follow prohibitions defined by this law should not obstruct deputies or municipal members from performing their powers and duties before the voters.

    8. The following persons cannot conduct charitable activities during the election processes:

The abovementioned persons and organizations are prohibited to appeal to the voters with an offer to render material and financial assistance or other services. Physical and legal entities are prohibited from conducting charitable activity on behalf of candidates, registered candidates, political party and block of political parties and their authorised representatives and agents.

Article 46. Insurance of Registered Candidate’s Activity

    1. Management of the relevant organizations where the registered candidates are working, studying, serving or commander of military unit where they are serving must release the candidates for the period mentioned in their reports, effective from the date of their registration until the date of the official announcement of the results of the election. During the period of release from his/her employment, the relevant election commission should allocate payment for candidates in amount of their average monthly salary (wages) from the budget allocated for preparation and conduct of elections. This payment should not exceed the amount of twenty times the minimum salary defined by legislation. Registered candidates are paid compensation for the period they are released from employment on the basis of the document which proves their unpaid leave from their working (studying) or servicing place.

    2. Transport and public transport tickets within the territory of the relevant election district as well as between towns are paid to the candidate registered for a single-mandate election district. If one town covers several election districts and if candidate is registered from one of these areas, the registered candidate is paid for his/her travels within the town. If a registered candidate lives outside of the election district he/she has been nominated for, he/she is paid for four round trips by train and car, and two round trips by plane. Expenses of the candidate registered for a single-mandate election district are paid by the relevant Territorial Election Commissions from the budget allocated for preparation and conduct of elections. A candidate included in the registered single list of candidates is paid for two round trips by public transport and plane within the territory of the Azerbaijan Republic. These expenditures are paid from the budget allocated for the Central Election Commission.

    3. Travel expenditures of the registered candidates are paid effective from the date of their registration and until the date of the official announcement of the results of the elections. Expenses for taxis and unscheduled transport services are not paid. Expenditures for travels within the town and outside of the town are paid if tickets for that travel are submitted.

    4. Within the period mentioned in 1st paragraph of this article, a registered candidate cannot:

The period during which a candidate is participating in the election starting from the day of registration is included in his/her years of professional service.

    1. Within the period mentioned in the paragraph 1 of this article, a registered candidate cannot be indicted for a crime or be arrested without permission of the court, be subjected to administrative penalties without the permission of the general prosecutor of the Azerbaijan Republic, after he/she has been registered as a candidate. If the prosecutor approves the above, the General Prosecutor or the court must inform the Election Commission, where the candidate has been registered, about it immediately.

    2. Candidates registered for single-mandate election district, political party and block of political parties which have the single list of candidates registered, or their authorised representatives, can obtain information about the territory of the relevant Territorial Election Commission, its address, telephone, as well as about lists of voting stations, Precinct Election Commissions and addresses of voting stations.

Article 47. Agents of Registered Candidates, Political parties and block of political parties

    1. Each candidate registered for a single-mandate election district has the right to have three agents, political party and block of political parties which have a registered single list of candidates, have the right to have thirty agents. The relevant Territorial Election Commission or the Central Election Commission registers the abovementioned persons. Agents should be registered within three days from the day of receipt of document about appointment of agents by the political party and block of political parties or of a candidate and agents written consent. An application should contain the following information about the agent:

    1. Agents receive cards from the relevant election commissions. Agents’ employers must provide them with unpaid leave at the request of agents, within the period mentioned in article 46.1.

    2. Agents conduct campaigning or other actions in assisting the candidate or single list of candidates to be elected. Agents have the right to observe.

    3. Registered candidates, political parties and block of political parties have the right to withdraw authorization of their agents and to appoint new ones to replace them informing election commissions about this. In such cases, the election commission cancels the card given to those agents. An agent has the right to withdraw his/her authorization on his/her own initiative and return the relevant card to the election commission informing registered candidates, political parties and block of political parties about this.

    4. Authorization of agents, commences from the day of their registration by the relevant election commission and finishes:

Article 48. Refusal from Candidate’s Status

    1. A candidate nominated for a single-mandate election district can withdraw his/her application on his/her consent to be a candidate any time, informing the relevant election commission about this. This written information cannot be withdrawn.

    2. A candidate registered for a single-mandate election district can submit an application to the relevant election commission and withdraw his/her candidacy at least three days prior to Election Day. Such an application cannot be withdrawn. The Territorial Election Commission makes a decision on canceling candidate’s registration within one day based on the application received. If a registered candidate withdraws his/her candidacy without compelling excuse, he/she must return funds given to him/her from the budget by the Territorial Election Commission.

    3. Candidates who have been included in the registered single list of candidates can apply to the Central Election Commission in writing and refuse to participate in the elections at least five days prior to Election Day. This application cannot be withdrawn. Based on the application received, the Central Election Commission removes the candidate, registered candidate from the relevant list of candidates within a day.

    4. Persons who have performed actions mentioned in paragraphs 1-3 of this article may re-nominate their candidacy for any single-mandate election district, in accordance with rules and period considered by this law.

    5. A political party, block of political party, which have nominated a single list of candidates can apply to the Central Election Commission in writing and withdraw the single list of candidates at least five days prior to election day, with a decision of the body which has nominated it.

    6. A political party included in the block of political parties can apply to the Central Election Commission and refuse to participate in the elections as a member of a relevant voters block, at least five days prior to election day, based on the decision of authorised body of political party, in accordance with the rules defined by this law. A political party which has refused to participate in the election as a member of a relevant block of political parties can participate in the elections as an independent political party or can join another block of political parties. If all political parties (except one) refuse to participate in the elections after the Central Election Commission approves the single list of candidates nominated by block of political parties, the remaining political party can participate in the elections as a block of political parties, keeping its name and emblem. This rule does not concern the cases of refusal or cancellation of registration of the single list of candidates, according to paragraph 11 of this article.

    7. If a block of political parties refuses to participate in the elections, it does not mean that political parties included in that block cannot participate either; the followings are required for this:

    1. A political party, in accordance with its charter, and block of political parties, in accordance with a decision of authorised representatives of political parties, which are included in that blocks, can withdraw some candidates from the single list of candidates registered by the Central Election Commission, any time, at least five days prior to election day.

    2. A political party, according to its charter and block of political parties, according to the decision of authorised representatives of political parties included in the block, have the right to apply to the relevant Territorial Election Commission in writing and to withdraw candidates nominated for a single-mandate election district and registered candidates at least five days prior to election day. If candidacy of a candidate has been withdrawn, the Territorial Election Commission ensures reimbursement of all expenses given to the candidate nominated by political parties, block of political parties from the state budget.

    3. The election commission, which makes a decision on refusal of a candidate’s registration immediately, informs persons to whom this decision concerns about it and submits a copy of this decision to them.

    4. If the number of candidates withdrawn from the single list of candidates in accordance with the candidate’s application or political parties and block of political parties decision, is more than 25% of total number of candidates appeared in the approved list of candidates, or if one of the first three or more candidates have been removed from the list, the Central Election Commission refuses to register the single list of candidates or cancels its registration (except the cases mentioned in paragraph 16 of this article).

    5. Other persons can be added to the list or order of candidates’ names can be changed, as well as actions considered by the article 35.8. of this law can be performed after some candidates have been removed from the list. Changes made in accordance with this law, charter of political party, agreement on creation of block of political parties cannot be the basis for refusal of registration of single list of candidates or for canceling it.

    6. The Central Election Commission takes back funds given to political party and block of political parties when they withdraw their single lists of candidates due to paragraph 5 of this article without compelling reasons, or when the single list of candidates is canceled in accordance with paragraph 11 of this article.

    7. An election is postponed for not more than two months in a single-mandate election district, and for not more than three months in a single multi-mandate election district for implementing election processes and for nominating candidates as defined by article 5 of this law in the following cases:

    1. The relevant election commission takes back all funds spent by candidates, political party and block of political parties for preparation and conduct of elections, when circumstances mentioned in paragraph 14 of this article happen due to following;

If a block of political parties has to return the expenses, funds are equally distributed among political parties which are included in the relevant block of political parties.

    1. By "compelling reasons to withdraw candidacy", or "compelling reasons for political party and block of political parties to withdraw their registered candidate", this law considers the following:

By "compelling reasons for political party and block of political parties to withdraw their registered single list of candidates", this law considers: